1. Except as otherwise provided in subsection 2, the court shall make an order changing the name of the minor as prayed for in the petition filed by the attorney representing the unemancipated minor in the legal custody of an agency which provides child welfare services, upon being satisfied by the statements in the petition or other evidence that the name change is in the best interest of the unemancipated minor pursuant to subsection 4 if:

(a) The verified consent of:

(1) Each parent of the unemancipated minor is stated in the petition; or

(2) One parent of the unemancipated minor is stated in the petition, if a court finds that it is in the best interest of the minor not to require the other parent to consent to the name change;

(b) Notice is required to be served or published pursuant to NRS 41.2995, no written objection is filed with the clerk by a parent of the minor within 10 days after the parent is personally served or the last day of publication as ordered in NRS 41.2995, upon proof of the filing of the petition and evidence of service; or

(c) The requirement to provide notice to one or both parents of the unemancipated minor was waived pursuant to subsection 8 of NRS 41.2995.

2. If an objection is filed within the prescribed time period pursuant to this section, the court shall appoint a day for hearing the proofs, respectively, of the petitioner and the objection, upon reasonable notice. Upon that day, the court shall hear the proofs, and grant or refuse the prayer of the petitioner, according to whether the proofs show that making the name change is in the best interest of the unemancipated minor pursuant to subsection 4.

3. Upon the making of an order either granting or denying the prayer of the petitioner, the order must be recorded as a judgment of the court. If the petition is granted, the name of the unemancipated minor must thereupon be stated in the order and the clerk shall transmit a certified copy of the order to the State Registrar of Vital Statistics.

4. In determining the best interest of the unemancipated minor, the court shall consider and set forth its specific findings concerning, among other things:

(a) The wishes of the unemancipated minor if the minor is of sufficient age and capacity to form an intelligent preference as to his or her name change.

(b) The level of conflict between the parents.

(c) The mental and physical health of the parents.

(d) The physical, developmental and emotional needs of the unemancipated minor.

(e) The nature of the relationship of the unemancipated minor with each parent.

(f) Any history of parental abuse or neglect of the unemancipated minor or a sibling of the minor.

(g) Whether either parent or any other person has engaged in an act of domestic violence against the unemancipated minor, a parent of the minor or any other person residing with the minor.

(h) Whether either parent has committed any act of abduction against the unemancipated minor or any other minor.

(Added to NRS by 2019, 2088)